89
Constitutional Court- or it could have refused extradition on the grounds that it was in violation of the
laws in effect in Peru, the requested party. Therefore, the Peruvian State’s argument that it undertook
an obligation to extradite in its Bilateral Extradition Treaty is not applicable, when international human
rights law, Peru’s domestic laws and the bilateral treaty make extradition conditional upon various
substantive and procedural aspects.
293. Given these considerations, the Commission concludes that the Peruvian State failed to
comply with its obligation to ensure the right to life and the right to humane treatment, and its
obligation to enforce court rulings that have become res judicata. The failure to comply with these
obligations has resulted in violations of the procedural dimension of the rights established in articles 4
and 5 of the American Convention, and the right established in Article 25(2)(c) of the Convention, read
in conjunction with the obligations established in Article 1(1) thereof, to the detriment of Mr. Wong Ho
Wing.
294. Finally, regarding the information submitted by the State in its last communication
related to extraditions executed by other States to China, the Commission considers that it does not
affect the entirety of the foregoing analysis due to the fact that Commission is not called to evaluate the
viability, in an abstract sense, that a State executes extraditions to China. The analysis of the instant
report focused on the answer given by the Peruvian State to a concrete extradition request and if this
answer fulfill or not its obligations to guarantee the right to life and personal integrity, as well as its own
domestic law.
3.
Right to a fair trial (Article 8 of the American Convention)
295.
The relevant parts of Article 8 of the American Convention read as follows:
1.
Every person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent, and impartial tribunal, previously established by law, in the substantiation of
any accusation of a criminal nature made against him or for the determination of his rights and
obligations of a civil, labor, fiscal, or any other nature.
2.
Every person accused of a criminal offense has the right to be presumed innocent so long
as his guilt has not been proven according to law. During the proceedings, every person is
entitled, with full equality, to the following minimum guarantees:
(…)
b.
prior notification in detail to the accused of the charges against him;
c.
adequate time and means for the preparation of his defense;
296.
Article 1(1) of the American Convention provides that:
1.
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex,
language, religion, political or other opinion, national or social origin, economic status, birth, or
any other social condition..